Missing Habitation Permit (Iskan) and Condominium Disputes in Alanya

Habitation Permits (İskan) and Condominium Law in Alanya

One of the most critical legal risks facing foreign apartment and villa buyers in Alanya is the absence of a valid Habitation Permit (Yapı Kullanma İzin Belgesi – commonly known as İskan) regulated under Article 30 of the Turkish Zoning Law No. 3194 (İmar Kanunu). Until the municipality (Alanya Belediyesi) inspects the completed building and issues the General Habitation Permit (Genel İskan), the title deed (Tapu) remains in the status of Construction Servitude (Kat İrtifakı) rather than full Condominium Ownership (Kat Mülkiyeti) under the Turkish Condominium Law No. 634 (Kat Mülkiyeti Kanunu – KMK). Kalem Law Office, led by Attorney Enes Nergiz (Antalya Bar Association Reg. No. 6281) at Hacet Mah. Adliye Cad. Görer Apt. No:13/5, Alanya / Antalya (opposite Alanya Courthouse), represents foreign homeowners and homeowner associations in construction, İskan, and condominium disputes across Alanya.

Legal Consequences of Missing Genel İskan vs. Ferdi İskan

Why do buildings in Alanya lack an İskan? In practice, developers often fail to obtain Genel İskan because they deviated from the approved architectural project, exceeded permitted floor area ratios, or failed to obtain a tax/social security clearance certificate (İlişiksizlik Belgesi) due to unpaid SGK (Social Security Institution) construction worker premiums or municipal fees. The consequences for apartment buyers include:

• Construction-Tariff Utilities (Şantiye Su ve Elektrik): Without İskan, individual residential water (ASAT) and electricity (CK Akdeniz) subscriptions cannot be opened on standard household tariffs, forcing residents to pay higher construction-site utility rates and exposing the complex to disconnection if shared bills go unpaid.
• Inability to Convert Kat İrtifakı to Kat Mülkiyeti: Under KMK No. 634 Articles 12–14, conversion of construction servitude deeds into full condominium ownership requires the issuance of the building’s Habitation Permit.
• Decreased Property Value and Administrative Penalties: Unapproved structural modifications can trigger municipal demolition orders or administrative fines under Zoning Law No. 3194 Articles 32 and 42.

Lawsuits Against Developers and Condominium Management Disputes (KMK No. 634)

Under the Turkish Consumer Protection Law No. 6502 (TKHK) and the Turkish Code of Obligations No. 6098 (TBK), delivering a residential unit without obtaining Genel İskan constitutes a legal defect (Hukuki Ayıp) and breach of contract. Our office files lawsuits before the Alanya Consumer Courts and Civil Courts of First Instance to compel developers to obtain İskan, recover damages for loss of property value, or obtain court authorization for unit owners to complete the İskan process at the developer’s expense.

We also represent owners before the Alanya Civil Courts of Peace (Alanya Sulh Hukuk Mahkemesi) in KMK No. 634 disputes: challenging unlawful General Assembly resolutions (Kat Malikleri Kurulu Kararlarının İptali under KMK Art. 33 within the one-month and six-month statutory deadlines), auditing abusive site management fees (Aidat), and resolving common-area encroachments. Contact our Alanya Office or visit Contact for legal assistance.

Frequently Asked Questions (FAQ) on İskan and KMK Disputes in Alanya

What is the difference between Genel İskan and Ferdi İskan in Alanya?

Genel İskan is the master habitation permit obtained by the developer from Alanya Municipality confirming that the entire building complies with the approved zoning project and has zero SGK debts. Ferdi İskan is the individual technical passport issued for each specific apartment once Genel İskan is in place.

How can I challenge an unlawful Aidat increase by my complex management in Alanya?

Under Article 33 of Condominium Law No. 634 (KMK), an owner who attended the General Assembly and voted against the resolution may file an annulment lawsuit at the Alanya Civil Court of Peace within one month of the meeting date (or within one month of learning of the decision, and at latest within six months, if absent).